A slightly tight plain suit outlines the curves of the fox. A playful bow-type bow tie in the collar and a frilled neckline lined with a shirt add a bit of girlishness to OL's royal sister style; The suit skirt with a cinched hem is neither long nor short, just seven or eight centimeters away from the knee, revealing most of the long black silk legs underneath.

The hairstyle is naturally black and straight, without any ties; Just to look a little more restrained, the middle of the flat ** royal spirit has been turned into a slight three-point oblique bangs. The semi-thin-framed glasses with a blue metallic luster sit just right on the delicate nose, perfectly converging and blending the facial features into a harmonious whole.

One meter seven tall, ninety pounds of slender, the key chest is not flat, such an eye-catching image poked there, on the hundreds of square meters of open land in front of the courtyard, everyone's eyes almost attracted.

The people present didn't seem to have seen this beautiful girl, but they couldn't be more familiar with the middle-aged woman next to her. Vivien Leigh has been in Qiantang's legal circle for 20 years, and almost all local judges recognize her.

"That little girl, is it Director Fei's daughter? I didn't hear she had a daughter. ”

"I heard that she has a niece who should have gone to graduate school this year and passed the certificate, and she looks a bit like her eyebrows."

A few rookie judges were there to point out and chat with great interest. was immediately passed by by a certain president, and he was reprimanded with a straight face:

"Get to work! What to see! ”

Those who watch from afar scatter birds and beasts.

At the beginning of life, how can you not be solemn. Fei Liluo took a deep breath, followed her aunt's footsteps, and walked into the Qiantang City-Intermediate Courtyard. A few days ago, she had just officially hung up her internship card in her aunt's office.

They are officially filing the complaint on behalf of Hatsune. The content of the claim naturally includes compensation for copyright infringement in a series of videos and online games, including Sohu.

Of course, this is only the main part of it, and Hatsune's appeal is not limited to this.

There were no secrets in the circle, not a few minutes. The news of Hatsune's filing of the appeal spread.

"I heard that the Second Civil Court received a big case, and the target is easily hundreds of millions!"

"Hundreds of millions is a hair! You don't know it, it was sued by Hatsune Network, the hottest Internet company in our city in the past two years, and it was also sued by Sohu, the top domestic giant. They are also among the top ten bigwigs in China. The ruthless horn in Zhongguancun who calls for wind and rain. ”

"It turned out to be XX? Such a cow! ”

The lives of judges and judges are also expected to be challenging. Venting on some simple procedures such as "credit card default" every day will cause people to suffer from mental disorders. Suddenly, a big case came, and everyone was excited.

According to the efficiency of the system, decide whether to accept it and determine whether it has jurisdiction. It will take a few business days. After accepting the case, notify the defendant to respond to the lawsuit, and it will take another 10 days and half a month. Then there is the collection of evidence, the exchange of evidence, and the pre-trial cross-examination...... By the time the trial officially begins, two months will be considered fast.

For ordinary procedures, one year is allowed in the first instance. The summary procedure also takes half a year. The time cost of solving the problem through litigation channels is often unimaginable to laymen. Some lawyers follow the big case, and then they get old.

However, fortunately, Vivien Leigh is familiar with the local door and took care of it in advance. Therefore, until the jurisdiction review and the notice to respond to the lawsuit, the previous process is finally completed in one day.

Fei Liluo ran up and down, handed in N materials, dealt with N Q&A, wiped her sweat, and saw that the result of the first step was finally in place, and her heart was also heavy, and she had a sense of accomplishment.

Speaking with a conscience, it's not just red envelopes and dinners that play a role. It is a case involving more than 100 million yuan. At the very least, the litigation fee is several million, which is an act of giving money to the court to generate income. Everyone is fighting for the first place in large-value cases, and the "rib cases" are all lifeless, which seems to be the norm in the industry.

……

Zhongguancun, Beijing. Sohu Company.

In the afternoon, Zhang Chaoyang summoned Chen Xiaowei to his office to talk about things. Seeing that he was about to get off work, the day passed peacefully, and the company's public relations department suddenly sent an urgent call to Zhang Chaoyang, and at the same time used internal OA to transfer the email and copied it to the legal department.

The paper notices from the court are all EMS that must be slowed down. You can't vote for SF, so what arrives is definitely not an official paper copy, but an electronic version of the notice.

"Gu Mojie sued me for piracy? Hehe. Zhang Chaoyang laughed angrily, as if he disdained to express his opinion, and seemed to have heard the funniest joke.

He heheheed a few times, turned his head to look at Chen Xiaowei, who was still a little worried next to him, and asked: "Have you heard of any of the top Internet companies in China that have been sued for content piracy?" Whether it's stealing novels, stealing games, stealing videos, stealing music. ”

Chen Xiaowei has not been back to China for a long time, so it is also possible to be more shocked at the first time, and in her subconscious, she always compares Yan zhòng Cheng dù who encountered similar cases in the United States.

But then I will remember that she is no longer in the United States. Piracy is really not a big deal.

"It doesn't seem to be, that Gu Mojie is too naïve. This kind of case, explained by 'third-party fault', how to get it done, it doesn't hurt us at all, at most the media admit the mistake, saying that it will strengthen supervision and rectification, and it's almost it. ”

Zhang Chaoyang saw that the woman agreed with him, smiled conceitedly, and didn't take things to heart. However, he glanced at the email again and realized a problem.

"Qiantang City-Intermediate People's Court? How can it be? Aren't all cases of intellectual property infringement the home of the defendant? Seeing this detail, Zhang Chaoyang's cheeks twitched slightly, revealing three points of anger, and dialed an inside line on the desk and explained to his secretary, "Let someone from the legal department come to my office!" ”

Zhang Chaoyang doesn't know much about the law, but he still has common sense. After all, companies that do the Internet are most familiar with piracy lawsuits.

In civil litigation, the general principle is that the plaintiff sues the defendant, that is, the plaintiff gets the defendant's home location. In view of the local-protection-doctrine in China, the choice of this jurisdiction has caused many plaintiffs to fold in the first place.

Of course, a tort lawsuit is different from a contract lawsuit, and there is a special case, which is called "the law of the tort site-court-jurisdiction". However, the vast majority of piracy infringements occur on the Internet, so this article is rarely applied.

In 05, the "Civil Procedure Law" was still old, and the Supreme People's Court was far from promulgating the "Notice on Adjusting the Standards for the Jurisdiction of Local People's Courts, Civil Courts, and Courts of First Instance Intellectual Property Civil Cases".

Therefore, there is no such thing as "the case of intellectual property infringement involving the subject matter of more than 200 million yuan, or the subject matter of the case involving more than 100 million yuan, and one of the parties is outside the jurisdiction, the Supreme People's Court shall try the case in the first instance".

In general, it is impossible to define the place of infringement of intellectual property infringement. Therefore, it can only be the plaintiff who is the defendant.

(Note: Some book friends use the case of Sohu Video v. Du Niang Video to refute it to judge the jurisdictional operation in practice, but in fact, the principle of jurisdiction cannot be seen in that case.) Because Sohu and Du Niang are both in Zhongguancun, they naturally belong to the Haimat District. It doesn't matter where the plaintiff is located, where the defendant is located, or where the infringement was committed, it is the same place. ）

Now, Zhang Chaoyang found out that Gu Mojie had successfully sued in Qiantang and at the home of Hatsune, and the court in Qiantang also accepted it. This time, the home and away games have changed, and before the court has been held, Sohu has been frustrated first and shorter.

He was a little angry, and he urgently needed to recruit people from the legal department and ask them to check first whether there were any flaws in the acceptance process. If there is a flaw, Sohu's legal department is not hesitant to file a "jurisdictional objection" appeal.

As long as you get back to the home field of Zhongguancun, as long as you let the Beijing No. 1-Intermediate People's Court come to the first trial, Sohu's confidence will be at least fifty percent stronger.

……

Mr. Zhang...... We looked. At present, the other party chose the jurisdiction of the Qiantang City-Intermediate People's Court in the first instance, and there is no flaw in law. ”

A senior consultant from the legal department of Sohu Company gave Zhang Chaoyang such a reply after reading the attached file in the email.

Zhang Chaoyang was a little unhappy: "No flaws? How is it possible, shouldn't the plaintiff be the defendant! ”

The legal counsel said in detail: "Because, in the appeal, Hatsune Company proposed that the same act of multiple defendants should be combined and dealt with. It is not only our company that has been sued, but also several other units and individuals who have also constituted similar infringements against Hatsune Company, including those whose domiciles are in Qiantang City.

According to the Civil Procedure Law, if there are more than one defendant of the same type in a case, the plaintiff has the right to sue in the court of the domicile of any one or more of the defendants. and the jurisdiction shall be exercised by the court that first accepts the case...... So it makes legal sense for them to do that at the moment. ”

Zhang Chaoyang didn't have the patience to listen, and simply interrupted rudely: "I didn't raise you to let you sue me 'what should be done according to the law'!" You just sue me directly, it turns out that when you encounter this situation, how did you dismantle the tricks! ”

The legal counsel quickly and succinctly analyzed: "Originally, in the same situation, we could try to try to split the case and prevent them from joining multiple defendants. This is done by emphasizing that we and the other defendants are committing multiple separate infringements that are not related......"

"Okay, so be it, do it this time. I don't want the process, you give me a way to appeal, dismantle the case, and if it is related to us, we must get it back to Haimat for trial. ”

"Yes, I'll do it. However, Mr. Zhang, I have to remind you that the cost of appealing this kind of jurisdictional objection will be relatively high. Because jurisdictional objections are involved, they must be referred to the common superior unit of the two opposition courts before they have the right to arbitrate. The common superiors of the Qiantang City-Intermediate People's Court and the Beijing No. 2-Intermediate People's Court can be traced back to the Supreme People's Court......"

"Don't remind me of the cost, you just give me the result." With a wave of his hand, Zhang Chaoyang drove the legal counsel away. (To be continued.) )